Who gets the final say over organ donation was the central question in an Arkansas legislative committee meeting Tuesday.
Members of the House Public Health, Welfare and Labor committee spent roughly two hours debating House Bill 1679, sponsored by Rep. Matt Brown, R-Conway. Under the bill, a patient’s next of kin or guardian would be able to block their organs or tissues from being harvested for donation, even if they signed up to be an organ donor.
Brown said the bill was inspired by a negative interaction he had in his father’s final moments, where representatives from the Arkansas Regional Organ Recovery Agency (ARORA) allegedly prevented him from removing his father from life support.
“Families are being treated poorly at bedside by organ procurement organizations in this state. Hospitals are being bullied, with hospitals being threatened ‘we will sue you if you take grandma off the [ventilator] before we give you the permission,’ and I’ve yet to find the law where they actually have that authority,” Brown said.
Brown said the bill would serve to close a perceived loophole in Arkansas law, where family members and guardians can elect to donate a patient’s organs, even if they’re not an organ donor. Co-sponsor Rep. Jimmy Gazaway, R-Paragould, said the process outlined in the bill would mirror existing law governing decisions over burial or cremation.
“If the person has a spouse, then the spouse makes the decision. If the person doesn’t have a spouse but has children, then it’s a majority of the children. If the person doesn’t have children but they have parents, then it’s the parents,” Gazaway said. “It provides a framework for how those decisions are made so that it’s not just the wild, wild west in trying to resolve those disputes which are inevitably going to occur.”
Several members of the public spoke against the bill, saying it would take decision-making power away from Arkansans. ARORA CEO Mark Tudor responded to Brown, saying the bill would cause “mass confusion.”
“If this law passes and the patient leaves the State of Arkansas and goes to another state, now it’s going to put an onus on every state out there to check to make sure what the Arkansas law is, and then track down [if] this law pertains to those people. But it doesn’t pertain to people who are from outside Arkansas and die in this service area,” Tudor said.
Tudor also said the bill, if passed, could lead to a downturn in organ and tissue donations, adding that people of color are disproportionately represented in the state’s transplant waiting list.
Currently, Arkansas law allows an organ donor to revoke their status at the Department of Motor Vehicles, whether entirely or just for certain organs and tissues. Consent can also be withdrawn verbally if heard by two witnesses.
House Bill 1679 would also require organ procurement organizations to file biannual reports with legislative committees on the number and type of organs and tissues harvested, and for what purpose. Groups would also have to report the amount of money earned from selling organs and tissues, whether for transplantation, research or other purposes.
Committee members ultimately advanced the bill on a voice vote with no audible dissent, sending it to the full House for consideration.
This story has been updated to include a statement from ARORA:
"ARORA is a nonprofit organization that does not sell organs. As part of its mission to save lives through organ and tissue donation, ARORA receives reimbursement for recovery services to cover necessary costs associated with the donation process. These expenses may include:
- Prolonged ICU Care: Covering the cost of additional time in the ICU to ensure families do not incur these charges.
- Organ Transportation: Ensuring that donated organs are safely and swiftly transported to waiting recipients across the region.
This reimbursement model is strictly regulated and exists to support the life-saving process of organ and tissue transplantation. ARORA remains committed to honoring the wishes of donors and their families while ensuring that organ recipients receive the best possible care."
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